[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Rules and Regulations]
[Pages 38220-38223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15302]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0175; Project Identifier 2001-SW-33-AD; Amendment 
39-21643; AD 2021-14-16]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters (Type Certificate 
Previously Held by Eurocopter France)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters (type certificate previously held by Eurocopter 
France) Model SA-365N, SA-365N1, AS-365N2, AS 365 N3, and SA-366G1 
helicopters. This AD was prompted by a quality control check that 
revealed some stretcher attachment holes were improperly located on the 
frame where there was insufficient edge distance. This AD requires 
measuring the 9-degree frame flange (frame) for the correct edge 
distance of the four attachment holes for the stretcher support and 
inspecting for cracks, and repairing the frame, if necessary, and 
installation of a reinforcement plate (reinforcing angle), as specified 
in two Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) 
ADs, which are incorporated by reference. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective August 24, 2021.

[[Page 38221]]

    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 24, 
2021.

ADDRESSES: For DGAC material incorporated by reference (IBR) in this 
AD, contact the European Union Aviation Safety Agency (EASA), Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email <a href="/cdn-cgi/l/email-protection#ecada89fac898d9f8dc289999e839c8dc28999"><span class="__cf_email__" data-cfemail="5c1d182f1c393d2f3d7239292e332c3d723929">[email protected]</span></a>; internet www.easa.europa.eu. You may find the 
DGAC material on the EASA website at https://ad.easa.europa.eu. For 
American Eurocopter material, contact Airbus Helicopters, 2701 N Forum 
Drive, Grand Prairie, TX 75052; telephone 972-641-0000 or 800-232-0323; 
fax 972-641-3775; or at https://www.airbus.com/helicopters/services/technical-support.html. You may view the DGAC and American Eurocopter 
material at the FAA, Office of the Regional Counsel, Southwest Region, 
10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. Service 
information that is incorporated by reference is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0175.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0175; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, the 
DGAC ADs, any comments received, and other information. The street 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Blaine Williams, Aerospace Engineer, 
Cabin Safety & Environmental Systems Section, Los Angeles ACO Branch, 
Compliance & Airworthiness Division, 3960 Paramount Blvd., Lakewood, CA 
90712; telephone 562-627-5371; email <a href="/cdn-cgi/l/email-protection#30525c51595e551e47595c5c59515d43705651511e575f46"><span class="__cf_email__" data-cfemail="c3a1afa2aaada6edb4aaafafaaa2aeb083a5a2a2eda4acb5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The DGAC, which was the Technical Agent for France, issued DGAC AD 
2001-061-053(A), dated February 21, 2001 (DGAC AD 2001-061-053(A)) for 
certain Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters; 
and DGAC AD 2001-283-025(A), dated July 11, 2001 (DGAC AD 2001-283-
025(A)) for all Model SA-366G1 helicopters (also referred to as the 
Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for those helicopters.
    The FAA issued a second supplemental notice of proposed rulemaking 
(SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to all 
Airbus Helicopters (type certificate previously held by Eurocopter 
France) Model SA-365N, SA-365N1, AS-365N2, AS 365 N3, and SA-366G1 
helicopters. The second SNPRM published in the Federal Register on May 
7, 2021 (86 FR 24556). The second SNPRM proposed to require inspecting 
the frame for the correct edge distance of the four attachment holes of 
the stretcher support and for a crack, and repairing the frame, if 
necessary, and installation of a reinforcement plate (reinforcing 
angle) on the frame, as specified in DGAC AD 2001-061-053(A) and DGAC 
AD 2001-283-025(A). The second SNPRM also included references to an 
engineering report that lists approved U.S. alternative fasteners and 
materials that may be used in any required repairs. The second SNPRM 
was issued because a significant amount of time elapsed since the first 
SNPRM was published.
    The FAA is issuing this AD to address failure of the 9-degree frame 
due to a crack at the stretcher support attachment holes, which could 
result in loss of a passenger door, damage to the rotor system, and 
subsequent loss of control of the helicopter. See the MCAI for 
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the second SNPRM or on the 
determination of the costs.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
second SNPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the second SNPRM.

Related Service Information Under 1 CFR Part 51

    DGAC AD 2001-061-053(A) and DGAC AD 2001-283-025(A) describe 
procedures for measuring the edge distance of the webs at the four 
attachment holes of the stretcher support on the left and right sides 
of the 9-degree frame, and additional actions depending on the 
findings. The additional actions include repetitively inspecting the 
frame for cracking, repair if necessary, and installation of a 
reinforcement plate (reinforcing angle) on the frame. These documents 
are distinct since they refer to different helicopter models.
    American Eurocopter Engineering Report No. AEC/03R-E-005, 
``Addendum ASB 53.00.42 and 53.00.43 AS365,'' dated January 29, 2003, 
specifies U.S. and European rivet equivalent part numbers, U.S. rivet 
part numbers with acceptable substitute materials with greater strength 
properties, and 5 rivet, 6 rivet, and pin Hi-lok alternatives.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Differences Between This AD and the MCAI

    The FAA has determined that acceptable U.S. alternatives to the 
fasteners and materials needed to perform repairs or modifications are 
listed in American Eurocopter Engineering Report No. AEC/03R-E-005 
``Addendum ASB 53.00.42 and 53.00.043 AS365'', dated January 29, 2003.
    Where DGAC AD 2001-061-053(A) exempts helicopters that were 
delivered after January 31, 2001, from the applicability, this AD does 
not exempt those helicopters.

Costs of Compliance

    The FAA estimates that this AD affects 31 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 38222]]



                                      Estimated Costs For Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................            $100             $355          $11,005
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
helicopters that might need these on-condition actions:

                 Estimated Costs of On-Condition Action
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 8 work-hours x $85 per hour =               $250       Up to $930
 $680.................................
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on helicopters identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2021-14-16 Airbus Helicopters (Type Certificate Previously Held by 
Eurocopter France): Amendment 39-21643; Docket No. FAA-2021-0175; 
Project Identifier 2001-SW-33-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective August 24, 2021.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to all Airbus Helicopters (type certificate 
previously held by Eurocopter France) Model SA-365N, SA-365N1, AS-
365N2, AS 365 N3, and SA-366G1 helicopters, certificated in any 
category.

 (d) Subject

    Joint Aircraft Service Component (JASC) Code 5311, Fuselage 
Main, Frame.

 (e) Reason

    This AD was prompted by a quality control check that revealed 
some stretcher attachment holes were improperly located on the frame 
where there was insufficient edge distance. The FAA is issuing this 
AD to address failure of the 9-degree frame flange (frame) due to a 
crack at the stretcher support attachment holes, which could result 
in loss of a passenger door, damage to the rotor system, and 
subsequent loss of control of the helicopter.

 (f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with the applicable Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC) ADs specified in paragraphs (g)(1) and (2) 
of this AD.
    (1) For Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters: DGAC AD 2001-061-053(A), dated February 21, 2001, (DGAC 
AD 2001-061-053(A)).
    (2) For Model SA-366G1 helicopters: DGAC AD 2001-283-025(A), 
dated July 11, 2001 (DGAC AD 2001-283-025(A)).

 (h) Exceptions to DGAC AD 2001-061-053(A) and DGAC AD 2001-283-025(A)

    (1) Where paragraph 3.1 of DGAC AD 2001-061-053(A) and DGAC AD 
2001-283-025(A) specifies an initial compliance time to do the 
measurement, for this AD, do the measurement within 50 hours time-
in-service (TIS) after the effective date of this AD.
    (2) Where paragraph 3.1. of DGAC AD 2001-061-053(A) and DGAC AD 
2001-283-025(A) specifies to do a measurement, for this AD, do an 
inspection of the area around the attachment holes for cracks 
concurrently with the measurement.
    (3) Where paragraph 3.2.1.a) of DGAC AD 2001-061-053(A) and DGAC 
AD 2001-283-025(A) specifies ``every 550 flight hours, check that 
there is no crack in the flange,'' for this AD, inspect (check) the 
area around the attachment holes for cracks at intervals not to 
exceed 550 hours TIS.
    (4) Where paragraph 3.2.1.b) of DGAC AD 2001-061-053(A) and DGAC 
AD 2001-283-025(A) requires installation of a reinforcement plate 
(reinforcing angle) on the flange for certain helicopters, do the

[[Page 38223]]

installation within 550 hours TIS after accomplishment of the 
measurement specified in paragraph 3.1. of DGAC AD 2001-061-053(A) 
and DGAC AD 2001-283-025(A).
    (5) Where the service information referred to in DGAC AD 2001-
061-053(A) and DGAC AD 2001-283-025(A) specifies to perform a dye 
penetrant crack inspection ``if in doubt,'' this AD requires 
performing a dye penetrant inspection.
    (6) Where paragraph 3.2.2. of DGAC AD 2001-061-053(A) and DGAC 
AD 2001-283-025(A) specifies to do various actions specified in 
paragraphs 3.2.2.a), b), and c) of those ADs, for this AD, if any 
frame is cracked, before further flight, repair the frame. 
Acceptable U.S. alternatives to the fasteners and materials needed 
to perform repairs or modifications are listed in American 
Eurocopter Engineering Report No. AEC/03R-E-005, ``Addendum ASB 
53.00.42 and 53.00.43 AS365'', dated January 29, 2003.
    (7) Where the Note in paragraph 3.2.2. of DGAC AD 2001-061-
053(A) and DGAC AD 2001-283-025(A) specifies the instructions are no 
longer applicable after a customized repair has been carried out, 
for this AD, modifying or repairing the frame constitutes 
terminating action for the requirements of this AD.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are prohibited.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (k) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#90a9bdd1c6c3bdd1d9c2bda7a3a0bdd1dddfd3d0f6f1f1bef7ffe6"><span class="__cf_email__" data-cfemail="e0d9cda1b6b3cda1a9b2cdd7d3d0cda1adafa3a0868181ce878f96">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    For more information about this AD, contact Blaine Williams, 
Aerospace Engineer, Cabin Safety & Environmental Systems Section, 
Los Angeles ACO Branch, Compliance & Airworthiness Division, 3960 
Paramount Blvd., Lakewood, CA 90712; telephone 562-627-5371; email 
<a href="/cdn-cgi/l/email-protection#6d0f010c040308431a040101040c001e2d0b0c0c430a021b"><span class="__cf_email__" data-cfemail="6a08060b03040f441d030606030b07192a0c0b0b440d051c">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) 
AD 2001-061-053(A), dated February 21, 2001.
    (ii) DGAC AD 2001-283-025(A), dated July 11, 2001.
    (iii) American Eurocopter Engineering Report No. AEC/03R-E-005, 
``Addendum ASB 53.00.42 and 53.00.43 AS365'', dated January 29, 
2003.
    (3) For DGAC AD 2001-061-053(A) and DGAC AD 2001-283-025(A), 
contact the European Union Aviation Safety Agency (EASA), Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email <a href="/cdn-cgi/l/email-protection#acede8dfecc9cddfcd82c9d9dec3dccd82c9d9"><span class="__cf_email__" data-cfemail="5110152211343022307f3424233e21307f3424">[email protected]</span></a>; internet www.easa.europa.eu. You may find 
these DGAC ADs on the EASA website at https://ad.easa.europa.eu.
    (4) For American Eurocopter material identified in this AD, 
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 
75052; telephone 972-641-0000 or 800-232-0323; fax 972-641-3775; or 
at https://www.airbus.com/helicopters/services/technical-support.html.
    (5) You may view this service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (6) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#fb9d9e9f899e9cd5979e9c9a97bb959a899ad59c948d"><span class="__cf_email__" data-cfemail="cbadaeafb9aeace5a7aeacaaa78ba5aab9aae5aca4bd">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 2, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-15302 Filed 7-19-21; 8:45 am]
BILLING CODE 4910-13-P


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